ZAINAB ADAMU BULKACHUWA, J.C.A. (Delivering the Leading Judgment): By a writ of Summons dated the 26th day of November, 1986 the respondent as Plaintiff initiated this action against the appellant before the Idah High Court whereby as per paragraph 21 of his statement of claim he claims the following reliefs:
A declaration that the Plaintiff is exclusively entitled to the customary and or statutory right of occupancy and to the immediate possession, occupation, use and enjoyment of the said plot of land of this Suit, and injunction interim and permanent against the defendant, his agent or agents, servant or servants.
Pleadings were filed and exchanged by the parties and subsequent amendments were made with the leave of the trial court. The defendant also claimed title to the land in dispute and raised the defence of res-judicata.
The Plaintiff also filed a Motion on Notice seeking for an injunctive relief. The motion suffered series of adjournments before it was heard and determined …